Under Utah, Can I Refuse To Take a Chemical or Field Sobriety Test?

As is the case in many states, if you refuse to take one or more of these tests, and are arrested as a result, you can face an additional charge for violation of Utah’s implied consent law, which provides that anyone who drives in the state has impliedly agreed to undergo testing if DUI is suspected. Therefore, your driver’s license will be revoked for 18 months for a first refusal, and 24 months for a second or subsequent refusal. The penalties for an implied consent law violation include designation as an “Alcohol Restricted Driver” for a period of five years, and designation as “Ignition Interlock Restricted” for a period of three years.

What Are the Penalties for DUI in Utah?

Utah’s DUI Penalties are as follows:

1st Offense:

• Class A Misdemeanor,
• Possible Drug/Alcohol Assessment and Mandatory Drug/Alcohol Screening,
• Fine: Minimum $700,
• Jail Time: Minimum 48 Hours, Work Service Program: Minimum 48 Hours, or Home Confinement,
• Probation (if BAC 0.16 or greater),
• Designated an “Alcohol Restricted Driver” for 2 years, and
• Driver’s License Suspension/Revocation: Minimum 120 Days.

2nd Offense within 10 years:

• Mandatory Drug/Alcohol Screening and Possible Assessment or Alcohol Education Course,
• Jail Time: Minimum 240 Consecutive hours, Work Service Program: Minimum 240 Hours, or Home Confinement,
• Fine: Minimum $800,
• Probation (if BAC 0.16 or greater),
• Possible Ignition Interlock Device Installed in Vehicle,
• Designated an “Alcohol Restricted Driver” for 10 years, and
• Driver’s License Suspension/Revocation: 2 years.

3rd Offense within 10 years:

• Mandatory Drug/Alcohol Screening and Possible Assessment or Alcohol Education Course,
• Jail Time: Minimum 1,500 Hours,
• Fine: Minimum $1,500,
• Possible Ignition Interlock Device Installed in Vehicle,
• Designated an “Alcohol Restricted Driver” for 10 years, and
• Driver’s License Suspension/Revocation: 2 years.

What Is Utah’s “Alcohol Restricted Driver” Law?

Under Utah law, if you are convicted of DUI, you will be designated as an “Alcohol Restricted Driver” for a certain period of time, depending on the number of your prior offenses, and the circumstances surrounding your DUI conviction. As an “Alcohol Restricted Driver”, you are prohibited from driving with any amount of alcohol in your system, even if your blood alcohol level (BAC) is below 0.08%.

What Is Utah’s “Ignition Interlock Restricted” Law?

Under Utah law, if you are convicted of DUI under certain circumstances, it is mandatory that you be designated as “Ignition Interlock Restricted” for a period of time. When you are “Ignition Interlock Restricted,” you are not permitted to drive a vehicle that does not have an ignition interlock device installed. You are responsible for the costs of installing and maintaining an ignition interlock device in your vehicle.

Will I Have To Attend Counseling or Rehabilitation if I Am Convicted of DUI in Utah?

If you are convicted of DUI in Utah, the court must order you to be screened for alcohol and/or drugs. Depending on the results of your screening, you may also have to undergo a drug/alcohol assessment. The court may also order you to undergo substance abuse treatment if deemed necessary. Plus, you typically will have to complete a series of DUI education classes.

What Are the Penalties for a Violation of Utah’s “Alcohol Restricted Driver” Law?

If you are designated as an “Alcohol Restricted Driver”, and you are caught driving during your restriction period with any amount of alcohol in your system, your restriction period will be extended another three years, and your driver’s license will be revoked for one year.